HARI PARKASH Vs. PARKASH NARAYAN AND OTHERS

JUDGEMENT

(1.) CM No. 4014-C of 2017.

(2.) Present appellant-Hari Parkash is legal representative of plaintiff No. 8-Shadi Lal. Plaintiffs filed a suit for declaration to the effect that they were owners in cultivating possession over the land measuring 112 Kanals 5 Marlas, situated in village Jeetpura Istmurar, Tehsil and District, Rewari as per Jamabandi for the year 1968-1969, 1988-1989, as detailed in the head note of the plaint. Initially, the said land was with the ancestors of the plaintiffs as gair marusi. Later on, the same was being cultivated by the plaintiffs as gair marusi tenants. Therefore, they had become owners of the suit land and had taken possession thereof from their ancestors. Hence, they had acquired occupancy rights in the suit property after the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 was passed. As per plaintiffs, they were cultivating the land since long without payment of any rent or chakota. Defendants (respondent Nos. 1 to 5 herein) had no right to interfere in the cultivating possession of the plaintiffs. It was further sated that name of defendants had wrongly been shown and recorded in the revenue records, whereas neither they were owners nor in possession of the suit land.

(3.) Upon notice, defendant-respondent Nos. 1 to 5 did not appear before the trial Court, therefore, they were proceeded against ex-parte.